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CASE STUDY
Dealing with an employee's failure to disclose material information
An undisclosed pregnancy led to a difficult and complex situation where a 457 visa holder immediately sought maternity leave upon the grant of their visa.
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Family

Challenge

  • An applicant for a temporary work 457 visa did not disclose her 20-week pregnancy at the time of applying for the job, nor when applying for the visa.
  • Once the visa was granted, the visa holder immediately advised her employer of the pregnancy and sought maternity leave.
  • This placed our client in a difficult situation, and they sought our advice on the matter.

Solution

  • We commenced an investigation of all the relevant issues and options available to both the sponsor and employee.
  • This involved resolving a number of interrelated employment and immigration issues, including: What obligations and rights does the business sponsor and visa holder have under law? Given the circumstances, was it within the rights of the employee to seek maternity leave pursuant to the Fair Work Act and relevant immigration legislation? Are any non-disclosure issues raised?

Results

Abacus Visa was able to resolve these issues amicably for the employer and employee by collaborating with the sponsor’s employment provider and liaising with the Department of Home Affairs to ensure full compliance with immigration law.
How we can help
  • Complex issues around disclosure and conflicts of interest often arise. We carry out comprehensive analysis of all relevant factors and provide recommendations so that our clients clearly know their rights under Australian law and can act accordingly.
Contact Us

contact us

+61 2 9212 4008

51 Albion Street,
Surry Hills,
Sydney NSW 2010
AUSTRALIA
Monday to Friday
9am - 5:30pm
(or flexible by appointment)

Abacus Visa Pty Ltd. ACN: 147099303
Abacus Visa & Migration Services Pty Ltd. ABN: 58169966036
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